U.P. Rent Act – fixation of rent Abdul Jalil v. Special Judge E.C. Act/Additional District Judge, Allahabad, 2007 (4) RCR (Civil) 675 (Allahabad) under the Temporary Rent Control Act No. 3 of 1947 the rent was freezed at the level of 1940 and that in the present U.P. Rent Act No. 13 of 1972 has freezed the rent to those prevailing immediately before the date of commencement of the Act i.e. 15th July, 1972 or in case of a building let out subsequently, the rental value of the building on the date of letting. There is virtually no provision for revision of rent as a result of inflation and rise in price of immovable properties except on account of improvement as defined under Section 3(n), or as a result of increase in taxes (Section-7); or in case of commercial buildings let out by public religious institutions (Section 9-A). Since the Rent Control Act does not contain any alike provision for fixing of quantum of rent in absence of agreed rent. It becomes the duty of the Court to grant mense profits even though they are not asked for in order to meet the ends of justice provided enquiry is made under Order 20 Rule 12 C.P.C. before passing the decree. Covering the period prior institution of suit till the delivery of possession for ascertaining the mesne profits. This power and duty is imposed by CPC by order 2 Rule 12 dealing with mense profits. On the date of suit except for purpose of eviction, the tenant loses his contract and identity/status as tenant though he happens to be occupying the premises on account of procedural delay. The rights of the landlord are therefore crystallized on the date of suit. Procedural delay in disposal of suit cannot adversely effecting his rights. The statute provides the mode of fixation of standard rent of tenant under Section 9 of the Act but in those cases where there is total absence of any agreed rent on the date of suit. This Court need not delve on the questions regarding validity of the provisions relating to fixation of standard rent in the present (UP Rent ) Act, as they have already been declared ultra vires by this Court in Milap Chandra Jain vs State of UP. In cases of monthly tenancy, the life of tenancy is only one month. It starts from a particular day of the month and end after thirty-days/one month. Thereafter in next month a fresh tenancy is created. The suit is filed after determination of tenancy hence there exists no relationship of landlord and tenant on date of suit. There is no prohibition under Rent Act against termination of tenancy.